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HomeMy WebLinkAboutPlanning Commission Packet 01-24-1990PLANNING COMMISSION MEETING AGENDA WHERE: Plymouth City Center WEDNESDAY, JANUARY 24, 1990 3400 Plymouth Boulevard CITY COUNCIL CHAMBERS Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda.* 7:15 P.M. 1. CALL TO ORDER 7:30 P.M. 4.* APPROVAL OF MINUTES January 10, 1990 5. NEW BUSINESS A. City of Plymouth. Fire Station #1. Site Plan and Variance located at 13205 County Road 6 (89114) A. Medicine Lake Lutheran Church. Rezoning, Site Plan, Conditional Use Permit, and Variance to Construct a Place of Worship and Day School located at the southwest corner of Zachary Lane and Old Rockford Road (89086) B. DeVries /Wild Wings Addition. Lot Division /Lot Consolidation and Variance located at 4925 Valley Forge Lane /10805 49th Ave (89101) A. 1990 Calendar B. Task Force Study Committee for Official Controls Element C. Joint Meeting with City Council G.o ce, 1IO ^ s 1664 I hC V4n444-- y A7,4 i,7 7co la/h CGMMISS /p„ /'fps %.y W P E CITY OF SCALE OF MILES PLPLYMOUTH- 3/ . W 1. 0 Z. 111191.- um -w; 8am1w Il ° y51c xai,i:r$5F;Xlsi1` €a. >'e € >° vo STREET MAP c sro. 9 -88 5- A. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: January 16, 1990 COMMISSION MEETING DATE: January 24, 1990 FILE NO.: 89114 PETITIONER: City of Plymouth, Dick Carlquist (Public Safety Director) REQUEST: Site Plan and Variance LOCATION: 13205 County Road 6 GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I -1 (Planned Industrial) BACKGROUND: The original building was constructed in the early 60s, and no development actions regarding the parcel have been approved since that time. Property owners within 100 feet have been notified of this public meeting. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes construction of a new 8,500- square foot fire station. The existing fire station is to be razed in total to provide a site for the new facility. 2. The proposed Site Plan is responsive to the City of Plymouth's policies, codes, and ordinances that apply to this type of construction. Specifically, the Site Plan proposes structure setbacks consistent with the Zoning Ordinance; landscaping consistent with the Landscape Policy; screened roof top units consistent with the Zoning Ordinance; on -site lighting to illumination standards established by the Zoning Ordinance; storage of trash within the principal structure; and fire lane /fire protection consistent with the City Fire Code (except as noted). 3. The applicant requests variances as follows: a. Drive aisle to front lot line (12.5 feet versus 25 feet) along 16th Avenue. b. Drive aisle to side yard (3 feet versus 15 feet). c. Parking stall to front yard (28.5 feet versus 50 feet). see next page) File 89114 Page Two d. Parking stall to side yard (19 feet versus 20 feet). e. Parking stall to building (2.5 feet versus 10 feet). f. Required parking (22 stalls versus 28 stalls). 4. The architectural appearance of the proposed structure is that of face brick with metal panels similar to that of City Hall. 5. The site is located within the Bassett Creek Drainage District. It is not located within a Shoreland Management Zone, nor does it contain any wetlands. The site contains no major woodlands or severe slopes. The soils are suitable for urban development with public sewers. PLANNING STAFF COMMENTS: 1. The petitioner has addressed the variance criteria in the attached narrative. The petitioner notes that the triangular shape of the lot combined with the size of the lot make it very difficult to lay out even a small building without variances to the site. We find merit to the variances being requested due to the size and shape of the lot combined with the unique nature of the proposed use and the hardships which would be created if the setbacks were required to be met. 2. We find the critical frontage to be that of County Road 6 from both an appearance and sight distance perspective. We note all structure and parking setbacks are maintained along this critical street frontage. 3. The architectural appearance of the proposed structure is consistent with the terms of the City of Plymouth policy regarding building aesthetics and architectural design; determination of compatibility accounts for the new structure under development to the west. RECOMMENDATION: I hereby recommend approval of the requeste44ite Plan and variances. Submitted by: Char es E. Dilleru , Community Development Coordinator ATTACHMENTS: 1. Recommendations for Approval of Site Plan with Variances 2. Engineer's Memorandum 3. Location Map 4. Petitioner's Narrative 5. Variance Criteria 6. Large Plans pc /cd /89114:dl) APPROVING SITE PLAN AND VARIANCES FOR THE CITY OF PLYMOUTH TO CONSTRUCT A FIRE STATION (89114) WHEREAS, the City of Plymouth has requested a Site Plan and variances to construct a new fire station, replacing the existing fire station located at 13205 County Road 6; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request by the City of Plymouth for a Site Plan and variances to construct a new fire station, replacing the existing fire station located at 13205 County Road 6, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of building permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance, and the existing sign and planter at the northeast corner of the site shall be removed. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 7. All waste and waste containers shall be stored within the structure, and no outside storage is permitted. 8. An 8 -1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: January 18, 1990 FILE NO.: 89114 PETITIONER: Mr. Lyle Robinson, Fire Chief, City of Plymouth, 3400 Plymouth Boulevard, Plymouth, MN. 55447 SITE PLAN: FIRE STATION NO. I LOCATION: South of County Rd. 6, west of Water Tower Circle in the southeast one quarter of Section 27. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No 1 and No. 2• Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: 6. _ X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. N/A Yes No 7. _ _ X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 8. X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. 10. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he,may file.the required easements referred to above. 2- N/A Yes No 12. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT X Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other 13. _ XX _ Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: 14. _ X Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. The minimum size for the storm sewer from the catch basin on the west side of the driveway, easterly to the manhole shall be 12 ". 16. XX _ Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. 18. X Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and 20. X All existing street right -of -ways are required width - Additional right -of -way will be required on 21. _ X _ Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 24. _ X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. X The City will, require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Items 7. 8. 11, 12, 15, 27A and 27B• 5- 0 ow"a 13 Ib OVIZ&V • 27. A. All new connections to the watermain shall be wet tapped, this valve will also serve as a hydrant valve. B. Hennepin County comments: o No additional right -of -way will be required on County Rd. 6. o The reconstruction of the existing easterly driveway into an exit only driveway is acceptable to Hennepin County. An approved Hennepin County entrance permit will be required before any construction begins. o The existing westerly drive must be removed and the boulevard restored to Hennepin County standards. o A County Permit is required for any work within the right -of -way, including drainage and utility construction, trail development, and or landscaping. o All Hennepin County right -of -way disturbed during construction must be restored. C. The existing driveways shall be shown on the grading and site plan. The concrete curb and gutter must be replaced in kind where the driveway is closed and where the easterly driveway is relocated. D. The six inch roof drains may be PVC. Submitted by: Daniel L. Faulkner, P. E. City Engineer is g ti l R IU L rr• -No f I 7 4 wv- N.,.. 11.141 Iy ll i aai 2 I M i ft a W a a a a a m V X Q LL a a a a N t0 0 r, N N Q H 0 a W 2 Z f J Q IL H m 0 a CU W I- 5 a H a W J f0 W 0 TRD EN WRIGHT AND ASSOCIATE ARCHITECTS This is a Petition for Variances to Zoning Ordinance. The following is a list of requests for variances to the City of Plymouth Zoning Ordinance, Section 10, Subdivision B, "Off Street Parking and Loading Regulations." These requests are based upon the conditions of the physical surroundings, shape and topographical of this parcel of land. The purposed new building can be built within the required setback limits. With the required square footage of the purposed building there is not sufficient unused land area for the required driveways and parking area. Refer to the enclosed site plan, C -1 dated December 6, 1989. A. Requested variances on the Water Tower Circle street side, considered front yard, are as follows: 1. "Setback of parking or drive from principle building;" ordinance requires a distance of 10' -01, the purposed plan indicates 2' -6 ". 2. "Front yard setback of parking to lot line;" amended ordinance 89 -02 requires a distance of 50' -01', the purposed plan indicates 12' -61'. 3. "Front lot line to drive;" ordinance requires 25' -0 ", purposed plan indicates 12' -6 ". B. Requested variances on the south property line, considered rear lot line, are as follows: 1. "Setback -of parking or drive from principle building;" ordinance requires a distance of 10' -011, the purposed plan indicates 2' -611. 2. "Side and rear yard setback of parking to lot line;" amended ordinance 89 -02 requires a distance of 20' -0 ", the purposed plan indicates 3' -0" 3. "Side and rear lot line to drive;" amended ordinance 89 -02 requires 15' -011, purposed plan indicates 3' -0 ". C. A total of 28 parking stalls are required based upon the building square footage of 8,300. There is a total of 22 parking stalls shown on the purposed plan, with 6 deferred. ect u 1 m i tted, Michael A. Trossen Secretary /Treasurer EL /tb.ZONING 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially divai.nish or impair property values within the neighborhood. fonns:o >pl /zon.stnd /s) 10/89 Co. A. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: January 16, 1990 COMMISSION MEETING DATE: January 24, 1990 FILE NO.: 89086 PETITIONER: Medicine Lake Lutheran Church REQUEST: Rezoning, Site Plan, Conditional Use Permits, and Variance to Construct a Place of Worship and Day School LOCATION: Southwest Corner of Zachary Lane and Old Rockford Road 1115 Old Rockford Road) GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: The Planning Commission held the required Public Hearing on this item at its November 29, 1989, meeting and requested staff to notify those people who spoke at the Public Hearing when this item would be placed back on the agenda. It was also suggested to the petitioner that they meet with the neighborhood prior to this item coming back before the Planning Commission to attempt to have more of a consensus of the neighborhood at the next Planning Commission meeting. The item was specifically deferred due to the proposal not meeting Condition 3 of the Conditional Use Permit Standards related to the design and landscaping being inadequate to reduce the impact on the neighboring properties. As directed, all persons who spoke at the November 29, 1989, Public Hearing have been notified by mail of the January 24, 1990, continued consideration of this application by the Planning Commission. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner invited the residents to an open meeting on January 10, 1990, to review the revised plans for this proposal. 2. By a memo of January 9, 1990, the architect for the applicant has requested placement on the Planning Commission agenda of January 24, 1990. 3. The petitioner has revised the grading and landscape plans to provide a higher berm, more landscaping, and a fence along the westerly property line to provide a more efficient transition to the residents to the west. see next page) File 89086 Page Two 4. The applicant has not addressed changes responsive to the following issues discussed at the November 29, 1989, Planning Commission meeting: a. Structure height b. Structure orientation c. Spire height d. Play area location e. Transition to residential properties south and east for parking or use 5. As directed by the Planning Commission, the height calculations are as follows: a. North (Rockford Road) grade to hip roof midpoint - 22.5 feet b. South (parking lot) rade to hip roof midpoint - 33.5 feet c. North (Rockford Road grade to top of cross on spire - 54 feet d. South (parking lot) grade to top of cross on spire - 66 feet The midpoint of a hip or gable roof is the point of height measurement per the Plymouth Zoning Ordinance. The maximum height of structure from any grade is 33.5 feet, and the Zoning Ordinance maximum is 35 feet. PLANNING STAFF COMENTS: 1. We find the applicant with the amended landscape /grading plans has responded reasonably to Ordinance provisions regarding screening of off - street parking "near or adjacent to" residence districts to the west. We find that additional screening is required from proposed and future parking to the south (to provide 90 percent year -round capacity), and that residential properties to the east do not qualify as "near or adjacent to" in this case. 2. Conditional Use Permit issues of neighborhood compatibility raised by the November 1, 1989, staff report relate primarily to parking lot screening, and therefore our comments noted above apply to the Conditional Use Permit as well. 3. Issues of neighborhood compatibility raised at the Public Hearing and by the Planning Commission have not all been addressed with the revised plans. These include: a. Structure height b. Structure orientation c. Spire height d. Play area location e. Transition to residential properties to the south We understand that the applicant does not intend to address those issues by way of plan modifications, and desires continued consideration of the applications on that basis. see next page) File 89086 Page Three RECOMMENDATION: I cannot recommend approval of the Site Plan, Conditional Use Permit, and variance for Medicine Lake Lutheran Church, without the plan complying with parking lot screening requirements with respect to residences south of the site. We also have noted that issues related to the Conditional Use Permit standard regarding compatibility with the adjacent neighborhood raised at the Public Hearing and by the Planning Commission have not been addressed by the applicant. Has the compatibility standard been met by this plan without modifications related to those noted issues? We have provided both resolution drafts for approval and for denial of the applications based on Ordinance noncompliance and failure to meet Conditional Use Permit standards. Should the Planning Commission concur that additional plan modification is required, and if the applicant states his intention to make such modifications, I recommend the applications be again deferred for redesign and resubmission rather than redesigned "at the table" or by verbal conditions of approval. _ Submitted by: C arles E. Dilleru , Community Development Coordinator ATTACHMENTS: 1. Resolution Approving Site Plan, Conditional Use Permits, and Variance 2. Resolution Denying Site Plan, Conditional Use Permits, and Variance 3. Engineer's Memorandum 4. Location Map 5. November 29, 1989, Planning Commission Minutes 6. November 1, 1989, Staff Report 7. Large Plans pc /cd/89086:dl) APPROVING SITE PLAN, CONDITIONAL USE PERMITS, AND VARIANCE FOR MEDICINE LAKE LUTHERAN CHURCH (89086) WHEREAS, Medicine Lake Lutheran has requested approval of a Site Plan and Conditional Use Permits for a place of worship, church spire, and private school; and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road); and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request for Medicine Lake Lutheran Church for a Site Plan, Conditional Use Permits, and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road), subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Provisions for a 30 -foot wide trail per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed plans as to construction of the trail per City standards. 4. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 5. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 6. Any signage shall be in compliance with the Ordinance and approved Site Plan. 7. Any and all subsequent phases or expansions are subject to required reviews and 'approvals as to Conditional Use Permit and Site Plan per Ordinance provisions. Plans submitted for building permit review shall delete all reference to future additions or expansions. 8. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 9. All waste and waste containers shall be stored within the enclosure, and no outside storage is permitted. 10. An 8 -1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. see next page) Resolution No. File 89086 Page Two 11. A variance to the Zoning Ordinance minimum standards for off - street parking is hereby approved gm( with respect to deferral of construction for 74 of the 189 spaces required by Ordinance for the currently proposed structure. A condition of the variance is recording of a covenant upon the property, prepared by the petitioner and to be approved by the City Attorney, providing for construction of the 74 deferred parking spaces by the petitioner when directed by the City of Plymouth. 12. The petitioner shall submit evidence of a valid and current state license /certificate prior to issuance of the Conditional Use Permit related to the school. 13. Prior to issuance of a building ermit all existing structures on the site shall be removed, and all wel building systems and public utilities shall be capped, removed, or disconnected consistent with applicable codes. DENYING SITE PLAN, CONDITIONAL USE PERMITS, AND VARIANCE FOR MEDICINE LAKE LUTHERAN CHURCH (89086) WHEREAS, Medicine Lake Lutheran has requested approval of a Site Plan and Conditional Use Permits for a place of worship, church spire, and private school; and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road); and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does deny the request for Medicine Lake Lutheran Church for a Site Plan, Conditional Use Permits, and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road), based on the following findings: 1. The project plans do not comply with the provisions of Section 10, Subdivision B, paragraph 5d of the Zoning Ordinance in regard to screening of the off - street parking areas (proposed and future) from the residence district adjoining to the south. 2. The conditional uses will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: November 20, 1989 Revised January 18, 1990 FILE NO.: 89086 PETITIONER: Mr. John Rieschl, President of Congregation, 3110 Medicine Lake Boulevard, Plymouth, MN 55441 SITE PLAN: MEDICINE LAKE LUTHERAN CHURCH AND ACADEMY LOCATION: South of Old County Road 9, west of Zachary Lane, in the northeast 1/4 of Section 14 ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. - Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None 5. Other additional assessments estimated: Watermain Lateral Assessment based on 280 feet 165 feet Rreviously assessed - 115 feet x S18-63 a foot - S2-142.45. Sanitary sewer lateral based on 280 feet times S22.93 a foot - S6,420.40. The lateral assessments shall be Raid with a building permit or the Medicine Lake Lutheran Church and Academy may sign a Waiver of Assessment Hearing and Assessments will be spread over five years at 8% interest. LEGAL/EASEMENTS /PERMITS: 6. _ X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as' the site plan approval. 7. N/A Yes No 8. X -- 9. X -- 10. — — X 11. - -X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The existing storm sewer easement along the north plat line. The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. x All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other 13. _ X — Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: 14. _ X Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. _ X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. _ X _ Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. _ X 18. _ X 19. X 20. _ _ X 21. _ X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and All existing street right -of -ways are required width - Additional right -of -way will be required. An additional ten feet of right-of-way will be required along the east urooerty line for Zachary Lane making the total distance from centerline 40 feet. Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 140 N/A Yes No 22. _ X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. Item No's 7. 11 12 20. 23. and 27A. 5- 27. A. Special care shall be taken where the sanitary sewer passes above the existing watermain along Zachary Lane. B. A 30 foot wide trail easement shall be provided in recordable form along Zachary Lane. C. The driveway culvert shall be relocated to the centerline of the drainage ditch adjacent to Zachary Lane. D. No trees shall be placed in the street right -of -way of Zachary Lane. E. Silt fence shall be placed in the drainage ditch along Zachary Lane at the storm sewer outlet south of the parking lot. F. The existing ditch along Old County Road 9 shall be regraded from the plugged storm sewer to the new 24" storm sewer. G. Plug existing storm sewer crossing under Old County Road 9 with concrete. H. A permanent drainage and utility easement shall be provided along the south side of the parking lot for the drainage ditch. I. The storm sewer will have to be extended to the west plat line when the future parking lot is constructed, this will be a public storm sewer. J. Contact Tom Vetsch at 550 -5093 for a permit to construct the storm sewer in Old County Road 9 and sanitary sewer and storm sewer in Zachary Lane. K. The revised grading plan moves the berm closer to the west property line. Special care shall be taken to ensure a swale is provided within the 6 foot drainage and utility easement to maintain drainage to the south. L. The 15" storm sewer at Zachary Lane shall be increased to 18" RCP to handle the 6 CFS flow. The 15" storm sewer proposed has a capacity of only 4.1 CFS. M. The roof drainage shall be directed to the parking lot and not to the playground area to minimize the drainage to the west. N. Because of the shallow depth of the sanitary sewer across the parking lot, insulation shall be provided. D Submitted by: Daniel L. Faulkner, P. E. City Engineer CITY OF PLYMOUTH PLANNING COMMISSION MINUTES NOVEMBER 29, 1989 0 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:30 p.m. MEMBERS PRESENT: Commissioners John Wire, Hal Pierce Dennis Zylla, Joy Tierney, Larry Marof and Michael Stulberg. MEMBERS ABSENT: Chairman Richard Plufka. STAFF PRESENT: Coordinator Charles lerud, City Engineer Dan Fau er, and Sr. Clerk /Typist Denise nthier. 1 1 _ MOTION bZff"nn er T' hey, seconded by Commissioner MOTION TO APPROVE Wire, to utes for the November 8, 1989, Planning eeting subject to the following changes: On page ph 10, in the MOTION by Commissioner Marofsky, "on Sundays" should be deleted at the end of th On pa 254, paragraph 8, in the first sentence, the words an the MOTION to approve" should be inserted before the ds "on the table ". Vote. 5 Ayes. Commissioner Zylla abstained. Vice Chairman Stulberg introduced the request of Medicine Lake Lutheran Church for a Rezoning, Site Plan, Conditional Use Permits, and variance to construct a place of worship and day school on property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road) . Coordinator Dillerud gave an overview of the November 1, 1989, staff report. Commissioner Marofsky noted that the Site Plan shows the roof height to be 45 feet, and the Zoning Ordinance standard for the R -1A District is 35 feet. MOTION CARRIED MEDICINE LAKE .LUTHERAN CHURCH (89086) Planning Commission Meeting November 29, 1989 Page 259 Vice Chairman Stulberg introduced Jack Ovick, the architect representing the petitioner. Mr. Ovick stated that the church structure was to be placed on the north end of the site because of the quality of the soils. He stated that the building was designed with slope roofs and shingles in order to be in, character with the residential neighborhood. He stated that there would be no summer school, and the traffic would be at a minimum because of their busing system. He further stated that they spoke with the neighbors to the west, and most of them said they did not want buffering, but rather to leave the west property line open for easy access by neighboring children to the playground. Commissioner Stulberg asked Mr. Ovick if he agrees with the conditions set forth by staff in their report. Mr. Ovick responded affirmatively except with respect to conditions related to drainage found in the Engineer's Memorandum. Commissioner Marofsky asked Mr. Ovick if he had discussed the matter of a fire lane with staff in regard to the future addition. Mr. Ovick responded affirmatively. Coordinator Dillerud stated that a fire code variance has been requested and recommended for approval by the Fire Chief to not construct fire lanes on the east, west, and north sides of the structure upon conditions related to additional fire fighting features to be added to the structure. Commissioner Zylla asked Mr. Ovick if they have prepared a colored rendering. Mr. Ovick responded negatively, and stated that they will address the building .appearance in greater detail after their Conditional Use Permit is approved. Commissioner Zylla asked Mr. Ovick if he realized that staff still does not find the buffering consistent with Zoning Ordinance standards. Mr. Ovick responded that they have hired a landscape architect to address the situation. Commissioner Pierce asked staff how many parking spaces are required by the Ordinance if the addition is built later. Coordinator Dillerud responded that future additions have not been considered in staff review, and future additions are specifically not recommended for approval. Planning Commission Meeting November 29, 1989 Page 260 Mr. Ovick stated that the addition would be used as a kitchen or storage area; therefore, he thought no additional parking would be required. Vice Chairman Stulberg opened the Public Hearing. Vice Chairman Stulberg introduced Linda,Cramer of 11210 42nd Avenue North. Ms. Cramer did not have comments at that time. Vice Chairman Stulberg introduced Joan Denis of 5105 Norwood Avenue North. Ms. Denis stated that she is in support of this proposal. She stated it will be a good addition to their neighborhood, and she expressed her desire to enroll her children in a Bible -based school near her home. Vice Chairman Stulberg introduced Lou Hermanek of 11160 40th Avenue North. Mr. Hermanek stated he resides on the southwest tip of the proposed site, and he is in opposition of this proposal. He stated that one of the reasons he purchased his home was because of the heavily wooded area in his rear yard. He expressed his concern of losing most of the woodlands and having a parking lot for his view. He asked how much of the woodland and bike trail would be preserved and if the proposed parking lot would be 30 feet from his property line. Coordinator Dillerud responded that the grading plan shows most of the trees being preserved, but the landscape plan shows some of the trees being cut down and replaced with new ones. He further stated that the bike trail would not be impacted, and that 30 feet would be the closest the proposed parking lot could come to Mr. Hermanek's property line because of the 30 -foot setback requirement of the Zoning Ordinance. Mr. Ovick stated that it is their intention to selectively cut old, damaged trees and replace them with new ones. Vice Chairman Stulberg introduced JoAnn Kraft of 4345 Oakview Lane North. Ms. Kraft stated she is in support of this proposal. She expressed her desire to have her child enrolled in a Christian education school in a suburb rather than busing to Minneapolis. She stated that the children enrolled in this school will be well- behaved and well- supervised by the staff. She stated that residents of Plymouth cannot expect the City to stay as a reserve for wildlife forever. Planning Commission Meeting November 29, 1989 Page 261 Vice Chairman Stulberg introduced Len Riley of 11340 47th Avenue North. Mr. Riley stated he has been a resident of Plymouth for 4 years, and he is in support of this proposal. He stated the school will be an asset to the community, and he expressed his desire to enroll his children in & private school such as this. He stated Medicine Lake Lutheran Church chose a very nice location to build. He further stated he was in support of the height of the church spire. He stated the spire gives a sense of security. Vice Chairman Stulberg introduced David Wehrman of 11625 40th Avenue North. Mr. Wehrman stated he has been a resident of Plymouth for 9 years, and he is in support of this proposal. He stated he was excited to have Medicine Lake Lutheran Church a part of the community, and stated he felt it will blend in well with the neighborhood. He also expressed his desire to have a private school in the suburbs so parents would not have to bus their children all the way to Minneapolis to attend a private school. Vice Chairman Stulberg introduced Gerald Woessner of 4200 Cottonwood Lane North. Mr. Woessner stated that he moved to Plymouth from New Hope about one month ago, and his reasons for moving were to get away from a school that was adjacent to his property. He stated he was in opposition of this proposal. He stated the proposed development is being built in a mature neighborhood and that it is too large of a development to fit in such a small area. He stated that the church will be in operation 7 days and nights a week, creating much traffic and noise. He stated that there is no way to shelter the west side of the site because the church is on a much higher elevation than the homes to the west. He noted that trees and bushes will take many years to grow before becoming a buffer to those homes, and a fence is too unsightly. He further stated that the property values of their homes will decrease tremendously, and noted Medicine Lake Lutheran Church owns other land in the City that would be suitable for a church building of this size. Vice Chairman Stulberg stated to Mr. Woessner that property value is an item to be addressed with the City Council and that neither the City Council nor the Planning Commission has the authority to tell a petitioner where else to build. Vice Chairman Stulberg introduced Duane Cramer of 11210 42nd Avenue North. Planning Commission Meeting November 29, 1989 Page 262 Mr. Cramer stated he resides across the street from the proposed development, and indicated he was in opposition to this proposal. He stated he is concerned about the screening, sound, and light. He stated that because of the height of the proposed structure, it would be impossible to screen effectively. He stated he likes the woodlands across the street because they currently act,as a buffer to the traffic noise from Zachary Lane. Mr. Cramer indicated he had spoken with the president of Mission Hill Homeowners Association who asked Mr. Cramer to speak for him at this meeting since he was not able to attend. Mr. Cramer stated that he is also in opposition of this proposal and that no notice was given to the Homeowners Association regarding this. Mr. Cramer further stated that Medicine Lake Lutheran Church is proposing too large a project for the site. Vice Chairman Stulberg introduced Linda Cramer of 11210 42nd Avenue North. Ms. Cramer stated that she is in opposition of this proposal also. She indicated that it would be disruptive for the residents and that Medicine Lake Lutheran Church should develop in a commercial district. She stated that most of the neighbors immediately impacted by this proposal are opposed of it. Vice Chairman Stulberg introduced Mark Beltrand of 4120 Balsam Lane North. Mr. Beltrand indicated that his property adjoins the proposed site and stated that he does not oppose to the church or private school but rather the drainage ditch and the proposed buffering of the site. He indicated that the drainage ditch is an eyesore and a safety factor for his younger child. He indicated a desire to have buffering from his property to the site. City Engineer Faulkner stated that it is a requirement of the Engineer's Memorandum to move the drainage east to Zachary Lane. Commissioner Pierce asked City Engineer Faulkner if there was any water presently in the ditch. City Engineer Faulkner responded negatively. Vice Chairman Stulberg closed the Public Hearing. Commissioner Wire informed Chairman Stulberg that he will step down from discussion and voting on the application. Planning Commission Meeting November 29, 1989 Page 263 Commissioner Marofsky asked staff why the parking plan shows 16 feet east to west with a 2h -foot overhang when the Ordinance requires 18 feet without an overhang. Coordinator Dillerud responded that it has been past policy that when a parking lot abuts a structure, the full 18 feet is required; therefore, the parking plan is acceptable because does not abut a structure. Commissioner Marofsky asked staff if the developer is allowed to pave the additional 2h -foot overhang. Coordinator Dillerud responded affirmatively, assuming proper setbacks are maintained. Commissioner Marofsky asked staff how the building height was measured. Coordinator Dillerud responded that the building has two elevations and that the front is considered the guiding elevation. Since Old Rockford Road is the most narrow street frontage, that is considered "front" and that grade is controlling in determining building height. Commissioner Pierce asked staff if they have consulted with the City Forester regarding this proposal. Coordinator Dillerud responded that where no plat is proposed, the forester is not involved until just before the developer applies for a building permit. Commissioner Zylla asked staff if the imperious coverage calculated and shown is based on parking deferred by the plan. Coordinator Dillerud responded affirmatively. Commissioner Marofsky asked staff if the developer could turn the building 90 degrees and face Zachary Lane to provide a better buffer. Coordinator Dillerud responded that that would create more of a structure bulk to be viewed from the west. He also stated that a fence is not a very good buffer because they tend to get run -down. Commissioner Pierce stated that the proposed plan shows the hedges to be below the berm level and that they should be placed on the berm top. Commissioner Tierney stated that the proposed playground could create a noisy environment and it should be moved away from the west property line. Planning Commission Meeting November 29, 1989 Page 264 MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE REZONING Tierney, to recommend approval of the proposed rezoning from FRD to R -1A, subject to the conditions set forth by staff. Roll Call Vote. 5 Ayes. Motion Carried. VOTE - MOTION CARRIED MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO DEFER Zylla, to defer the proposal due to it not meeting Condition No. 3 of the Conditional Use Permit standards related to the design and landscaping being inadequate to reduce the impact on neighboring properties. Roll Call Vote. 5 Ayes. Motion Carried. Commissioner Zylla suggested the petitioner meet with the neighborhood to attempt to have more of a consensus at the next meeting. He further stated that it would be helpful to have a colored pencil sketch of the Site Plan. Commissioner Tierney requested staff to provide additional analysis on the grade and spire. Vice Chairman Stulberg requested staff to send out another one -week notice to those that spoke at the Public Hearing. VOTE - MOTION CARRIED Vice Chairman Stulberg introduced the request by Kingsview KINGSVIEW HEIGHTS N Heights Homeowner Association for an RPUD amendment to ASSOCIATION (89096) permit project identification signs at the northwest corner of Juneau Lane and County Road 9 and at the southwest corner of 44th Avenue North and Fernbrook Lane. Vice Chairman Stulberg waived the overview of the October 25, 1989, staff report. Vice Chairman Stulberg introduced Randy Nord, represent the petitioner. Mr. Nord noted an error on the approving reso ion. In Condition No. 2, the sign setback from Rockf Road should be 17.25 feet and not 17.75 feet. Coordinator Dillerud stated he woul ake that change. Vice Chairman Stulberg opened a Public Hearing. There was no one to speak on the issu . Vice Chairman StulbercyC*fosed the Public Hearing. MOTION by Comm' Toner Wire, seconded by Vice Chairman Stulberg, to ecommend approval of the RPUD amendment requested the Kingsview Heights Homeowner Association to rm it o project identification signs at the northwest r of Juneau Lane and County Road 9 and at the southwest er of 44th Avenue North and Fernbrook Lane, subject to MOTION TO APPROVE THE ARCHITECTURAL OFFICES, PROFESSIONAL ASSOCIATION TO: City of Plymouth Attn: Mr. Chuck Dillerud FROM: Mike Glassing DATE: 09 January 1990 Medicine Lake Lutheran Chuch & Academy Comm. No. 90142 7 — JAN I C 1990 Ni H COP 1W /;UAI CEVE- LO'MENT DEPT. SUBJECT: Medicine Lake Lutheran Church & Academy >'y On behalf of Medicine Lake Lutheran Church & Academy, please schedule Medicine Lake Lutheran Church & Academy on the agenda for the upcoming Planning Commission Meeting on January 24, 1990. The Medicine Lake Lutheran Church & Academy Building Committee met with the Mission Hills Homeowners Association on Monday evening, January 8, 1990 and discussed the proposed site plan and intended changes to be made in berming and screening. The amended drawings and additional drawings showing the intended changes have been submitted to the City of Plymouth January 05, 1990 with reeard to items indicated in DRC review letter dated December 18, 1989. Please contact us if there are any items that have not been addressed or if for any reason the Medicine Lake Lutheran Church & Academy cannot be scheduled on the agenda for the upcoming Planning Commission review on January 24, 1990. MG /dn cc: Mr. Sam Dyrud ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520 5. A. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: November 1, 1989 COMMISSION MEETING DATE: November 29, 1989 FILE NO.: 89086 PETITIONER: Medicine Lake Lutheran Church REQUEST: Rezoning, Site Plan, Conditional Use Permit, and Variance to Construct a Place of Worship and Day School LOCATION: Southwest Corner of Zachary Lane and Old Rockford Road 1115 Old Rockford Road) GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: There have been no previous planning applications for this particular property. There is a single family dwelling and accessory structure. Notice of the Public Hearing for the rezoning and Conditional Use Permit has been published in the official City newspaper, and all property owners within 500 feet have been notified. A development sign was also placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner proposes a rezoning from FRD (Future Restricted Development) District to R -1A (Low Density Single Family Residential) District which is consistent with the Land Use Guide Plan for this property. They propose a Site Plan, Conditional Use Permit, and variance for the construction of a place of worship. 2. The Conditional Use Permit is for the operation of the place of worship to be used for worship services on Sunday and Wednesday evenings along with Christian Education School to be operated weekdays from 8:30 a.m. to 4:00 p.m. with some extracurricular activities in the evenings and weekends, and for the structure to exceed the 35 -foot height requirements in the R- 1A District. The steeple of the church is proposed to be approximately 66.5 feet above grade. A Conditional Use Permit is required for spires that exceed the Zoning District height maximum of 35 feet. see next page) Page Two File 89086 3. The variance is from the minimum parking requirements to construct 115 of the required 189 spaces for this facility - -a deferral of 74 spaces.The petitioner has demonstrated on the Site Plan that sufficient site area exists to construct all 189 parking spaces. 4. The Conditional Use Permit is requested responsive to Section 7, Subdivision C, paragraph 15, where places of worship are allowed uses in the R -1A Zoning District by Conditional Use Permit. A secondary Conditional Use Permit is responsive to Section 10, Subdivision C, paragraph lc, where height limitations set forth in the Ordinance may be increased by Conditional Use Permit when applied to church spires. A third Conditional Use Permit is required responsive to Section 7, Subdivision C, paragraph 14, to permit a private school (AU school as distinguished from Sunday school, which is an accessory use to a church) facility. The applicant proposes the day school for 150 to 175 children in grades kindergarten through eight. 5 The Planning Commission recommendation with respect to the Conditional Use Permits must be responsive to the provisions of Section 9 of the Zoning Ordinance wherein six specific standards must be used as the basis for the Planning Commission recommendation. The petitioner has provided, by his letters of September 11 and 14, 1989, responses to the six Conditional Use Permit findings. 6. The variance from the provisions of Section 10, Subdivision B, Table 2, of the Zoning Ordinance has been applied for to allow deferred parking where a total of 189 spaces are required, and the petitioner proposes to construct 115 spaces. The Planning Commission recommendation with respect to the variance criteria must be responsive to the provisions of Section 11, Subdivision C, paragraph 2d, of the Zoning Ordinance wherein six specific standards must be used as the basis for the Planning Commission recommendation. The petitioner has provided, by his letter of September 11, 1989, responses to the six variance standards. It should be noted that the variance does not deal with the parking standard as much as the timing of construction. Over - building of the site vis -a -vis off - street parking is not proposed. 7. The Site Plan review is responsive to Section 11, Subdivision A, of the Zoning Ordinance. The plan is responsive to building and parking setback requirements, lot area (5.87 acres versus 30 acres), lot coverage by structures (6.6 percent versus 20 percent), impervious surface coverage 45.3 percent versus 50 percent), landscaping requirements, signage, trash containment (enclosure), and screening of roof top units (no R.T.U.s proposed). see next page) Page Three File 89086 8. The physical constraints analysis identifies this property to be located within the Basset Creek Drainage District. The site does not contain any wetlands nor is it within a Shoreland Management or Flood Plain Area. The site does not contain any major woodlands but does have some slopes of greater than 12 percent located approximately 100 feet south of Old County Road 9. The site contains some unsuitable soils for urban capability with public sewers. 9. The entire structure is proposed to be clad in lap siding. Paint color would be a shade of white. With the hip roof design and lap siding finish the structure would appear to be responsive to the finish of other structures in the neighborhood, as is intended by the City of Plymouth's standards and criteria regarding site and building aesthetics and architectural design. 10. The Zoning Ordinance (Section 10, Subdivision B, paragraph 5d) provides that off - street parking "near or adjacent to" residence districts shall be screened by fence or landscape buffer. The Zoning Ordinance defines a landscape buffer as providing 90 percent capacity throughout the year. The applicant proposes landscape screening of the proposed off - street parking with a combination of coniferous /deciduous trees and a 4 -foot hedge along the west property line adjacent to parking to be constructed; deciduous trees and the 4 -foot hedge along the west property line, where deferred parking (by variance) is proposed; the 4 -foot hedge only on the south property line adjacent to deferred parking; and, deciduous trees only along the east property line (Zachary Lane). PLANNING STAFF COMMENTS: 1. The rezoning is consistent with the City Comprehensive Plan and the surrounding R -1A Zoning. 2. The application has been reviewed for compliance with the physical constraints analysis as required by the provisions of City Council Resolution 79 -429. The application is found to be consistent with both physical constraints and preservation areas of the constraints analysis. 3. The Site Plan has been reviewed by the Development Review Committee responsive to the various City Ordinances and codes that impact such development, and the Site Plan is found to be consistent with those codes and policies, except as noted elsewhere. Specifically, the proposed Site Plan provides the code required landscaping, structural setbacks, parking and drive areas surfacing, trash enclosure detail, treatment of rooftop equipment, and site drainage detail. see next page) Page Four File 89086 4. Based on the demonstrated availability of site area upon which to construct additional parking, we find the deferral of off - street parking construction responsive to the criteria for a variance provided by the Zoning Ordinance Dmjx upon the condition that the balance of the parking required by Zoning Ordinance formula be constructed as determined to be necessary by the City of Plymouth upon administrative finding. 5. The compatibility of the place of worship and private school proposed with other property in the immediate vicinity relies substantially on the ability of the petition to mitigate the "nonresidential" impacts of the proposed uses with respect to adjoining properties that are directly impacted. The design of the proposed Site Plan with respect to meeting Ordinance requirements as to the buffering of off - street parking would appear to be most critical with this site. Particularly with respect to existing homes located immediately west of the site which were situated at a higher elevation than the site, additional screening becomes a critical design function. We do not find that the existing plan responds to the Ordinance with regard to screening on the Conditional Use Standards with respect to neighborhood compatibility. Options available to enhance the degree of screening over that which is now proposed would be to increase the height and number of coniferous plantings; redesign the grading plan to provide additional elevation upon which plantings can be located to increase.the immediate impact; and /or consider use of a fence. 6. Subject to the findings of No. 5 above, we find the Conditional Use Permit application for a place of worship in the R -1A Zone to respond to the standards of the Zoning Ordinance with respect to conditional uses. We find also that the Conditional Use Permit to permit a spire in excess of the Ordinance standard for height in the R -1A District is responsive to the Conditional Use Permit standards of the Zoning Ordinance. Finally, we find the Conditional Use Permit application for a private school within the R -1A District responsive to the standards for a Conditional Use Permit. With respect to the Conditional Use Permit for the place of worship and the private school, our finding as to consistency with the standards of the Zoning Ordinance extends only to the area related to the initial construction proposed by the Site Plan. The "area of possible future addition" as shown on the Site Plan is specifically excluded with our findings with respect to Conditional Use Permit consistency with the standards of the Zoning Ordinance. see next page) Page Five File 89086 RECOMMENDATION: Staff does not believe the landscape /grading /Site Plans now proposed adequately address the issue of buffering of the off - street parking from existing residences to the west and south. We recommend deferral of approval recommendations with direction to the petitioner to submit amended plans that better address buffering of the proposed parking areas. We find the need for such additional screening /buffering responsive to the Conditional -Use Permit Ordinance standard related to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted in addition to specific Ordinance standards for parking lot screening and buffering. Attached are draft actions providing for Plan, Conditional Use Permit, and variance should our deferranjercommendatim oat4e Submitted by: Charles E. Dillerud, ATTACHMENTS: the approval of the rezoning, Site for consideration by the Commission conc ith. ity Development Coordinator 1. Draft Action for Approval of the Rezoning, Site Plan, Conditional Use Permit and Variance 2. Engineer's Memorandum 3. Location Map 4. Petitioner's Narrative of September 11 and September 14 5. Conditional Use Permit Criteria 6. Variance Criteria 7. Large Plans pc /cd/89086:dl) APPROVING SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCE FOR MEDICINE LAKE LUTHERAN CHURCH (89086) WHEREAS, Medicine Lake Lutheran has requested approval of a Site Plan and Conditional Use Permits for a place of worship, church spire, and private school and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road); and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request for Medicine Lake Lutheran Church for a Site Plan, Conditional Use Permits, and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road), subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Provisions for a 30 -ft. wide trail per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed plans as to construction of the trail per City standards. 4. Compliance with Policy Resolution No. 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 5. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 6. Any signage shall be in compliance with the Ordinance and approved Site Plan. 7. Any and all subsequent phases or expansions are subject to required reviews and approvals as to Conditional Use Permit and Site Plan per Ordinance provisions. Plans submitted for Building Permit review shall delete all reference to future additions or expansions. 8. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 9. All waste and waste containers shall be stored within the enclosure, and no outside storage is permitted. 10. An 8 -1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 11. A variance to the Zoning Ordinance minimum standards for off street parking is hereby approved only with respect to deferral of construction for 74 of the 189 spaces required by ordinance for the currently proposed structure. A condition of the variance is recording of a covenant upon the property, prepared by the petitioner and to be approved by the City Attorney, providing for construction of the 74 deferred parking spaces by the petitioner when directed by the City of Plymouth. F,43j 1 s j. 1111 Ain in" WYA Fit- l. = \•lam: sG1 t f NA J 21, 1`!V MINN THE ARCHITECTURAL OFFICES, Medicine Lake Lutheran PROFESSIONAL ASSOCIATION Church & Academy Comm. No. 89142 ors• lr. i. a- ! ?. u:: TO: City of Plymouth Planning Committee CEP 15 199 FROM: Architectural Offices CITY OF PLYivlQU'm DATE: 14 September 1989 COMMUNITY DEVELOPMENT DEPT, SUBJECT: Request for Conditional Use Permit Written Description of Proposed Use and Conformance with Conditional Use Permit Standards Written Description of Proposed Use: The proposed use will be that which would normally be associated with church /educational functions such as following: 1. Worship: Sunday - 9:30 AM and 11:30 AM Wednesday - 7:30 PM With some smaller group meetings weekday evenings and weekends. 2. Christian Education: Weekdays - 8:30 AM to 4:00 PM With some extracuricular activities evenings and weekends. Conformance with Conditional Use Permit Standards: 1. Medicine Lake Lutheran Church and Academy ( MLLCA) has made and will make every effort to comply with the Comprehensive Plan as directed by the City of Plymouth. 2. As a worship /christian education facility is desired by the congregational members, the conditional use will serve to promote and enhance public morals and welfare of the community, as the congregation is presently made up of members of the Plymouth community. The church /academy is already an integral part of the community and hopes to draw new members from the surrounding area with the operation of the new facility. The new facilities will be operated with the highest quality and integrity and will not be detrimental to or endanger the public health, safety, morals or comfort of the community, as none of the functions of the facility involve any commercial or industrial operations. 3. MLLCA will not be injurious of the use and enjoyment of other property in the immediate vacinity for the purposes already permitted, nor substantially diminish and impart property values within the neighborhood. ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520 Request For: Conditional Use Permit Page 2. 3. Continued MLLCA plans to substantially upgrade the property with plantings and groomed lawn as well as work with the City to hopefully find a better resolution to the water treatment facility discharge which effects both its property and adjacent neighboring property thereby increasing property values. 4. MLLCA will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5. Adequate measures have been taken to provide ingress, egress and parking in order to minimize traffic congestion in the public streets by providing adequate on site parking and following the City's guidelines for access and egress. 6. MLLCA will conform to the applicable regulations of the district in which it is located. MG /dn THE ARCHITECTURAL OFFICES, PROFESSIONAL ASSOCIATION TO: City of Plymouth Planning Committee FROM: Architectural Offices DATE: 13 September 1989 SUBJECT: Written Narrative of Rezoning Medicine Lake Lutheran Church and Academy Comm. No. 89142 MTTTONTT SEP 15 1989 CITY OF PLYMOUTHCOMMUNITYDEVELOPMENTDEPT. The property as described (see legal description) is required to be rezoned from F.R.D., Future Restricted Development, to R -lA, Low Density Single Family Res. District, with a conditional use permit as specified by City of Plymouth Zoning Ordinance. The proposed development will consist of a Worship /Christian Education Facility. (See Conditional Use Application, Description of Proposed Use, and Site Proposal). MG /dn cc: Mr. Sam Dvrud ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520 THE ARCHITECTURAL OFFICES, Medicine Lake LutheranPROFESSIONALASSOCIATION Church & Academy Comm. No. 89142 TO: City of Plymouth Planning Committee FROM: Architectural Offices DATE: 11 September 1989 SUBJECT: Conditional Use Permit for Church Steeple Along with a Conditional Use Permit for a building of this type and usage, a Conditional Use Permit for a moderate church steeple is requested on the basis that: 1. As an added design element it is in keeping with other buildings of a similar nature. 2. In and of itself it is an indication of building type and usage. 3. The size and visual impact above the established height limitation of 35' is minimal as opposed to the roof mass or the mass of the building as a whole. MG /dn ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520 THE ARCHITECTURAL OFFICES, Medicine Lake Lutheran PROFESSIONAL ASSOCIATION Church & Academy Comm. No. 89142 TO: City of Plymouth Planning Committee FROM: Architectural Offices DATE: 11 September 1989 SUBJECT: Parking Variance for Medicine Lake Lutheran Church & Academy Medicine Lake Lutheran Church & Academy requests a variance on the initial placement of required parking (Exhibit A) from 189 stalls to 115 stalls in Phase I due to the following: 1. Soil conditions in the south end of the proposed parking lot are conducive to a 2' to 4' of removal of top soils to be replaced with granular fill. Soils engineers (G.M.E. Consultants) indicate that a two year surcharge would be extremely helpful in providing an adequate base for that section of the parking lot. 2. Medicine Lake Lutheran Church & Academy has a membership of approximately 200 confirmed members with 250 persons possible at special functions with a 50% projected growth rate in the next 5 years. Parking needs for church functions are projected to be 94 stalls (1 per 4 members) for 375 members with 115 stalls provided in the first phase. 3. Since the multipurpose space will double as sanctuary and gymnasium, academy and church functions utilizing this space will not be in conjunction with one another. The size of the space is such that it meets the needs of a junior high gymnasium with little space available for seating when utilized in that capacity. Phase II proof of parking (74 stalls) indicates that required parking, due to the size of the multi - purpose space, is available and will be surcharged for future paving during Phase I construction should the need for additional parking be deemed necessary. MG /dn cc: Mr. Sam Dyrud ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520 THE ARCHITECTURAL OFFICES, PROFESSIONAL ASSOCIATION With Regard to Variance Standards The reasons stated for variance indicate compliance with variance standards in that: 1. The variance is due in part to poor soil conditions. 2. These conditions are unique to this parcel of land. 3. No value increase or increased income potential is in any way intended. 4. The difficulty arises out of immediately meeting parking requirements per zoning ordinance. 5. The granting of the variance will not be detrimental to public welfare as it has been shown (reasons 2 and 3) that required parking by ordinance is not required by MLLCA in the initial phase of the building. 6. Variance will not impair property values, increase traffic conjestion or endanger public safety. ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520 THE ARCHITECTURAL OFFICES, PROFESSIONAL ASSOCIATION With Regard to Variance Standards The reasons stated for variance indicate compliance with variance standards in that: 1. The request is due to poor soil conditions and topographical conditions indigenous to this particular site. 2. That these conditions are not generally applicable to the other property with similar zoning in this area. 3. The purpose is not to increase income potential or value of the property. 4. The difficulties or hardships incurred by complying with the fire lane ordinance has not been created, but are obviously indigenous to this site. 5. The granting of the variance is not injurious to other land or improvements in the neighborhood but might actually be looked upon favorably by neighboring sites due to less visible drive isles and less asphalt paving adjacent to their lots. 6. The variance will not increase conjection in any way or increase the danger of fire nor will it decrease property values within the neighborhood. ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/666 -5520 November 20, 1989 NEW-- CITY OF PLYMOUTI+ Mr. John Rieschl, President Medicine Lake Lutheran Church and Academy 3110 Medicine Lake Boulevard Plymouth, MN 55441 SUBJECT: SITE PLAN FOR MEDICINE LAKE LUTHERAN CHURCH AND ACADEMY Dear Mr. Rieschl: 2 as 89086) The Engineering Department has completed their review of the above referenced Site Plan. The Engineer's Memo has been submitted to the Planning Commission for their consideration at the November 29, 1989, Planning Commission meeting. If you have any questions regarding the contents of the enclosed memo, please call me at extension 248. i cerely y rs, J hn R. Sweeney ssistant Engineer JRS:kh / enclosure cc: Fred G. Moore, Director of Public Works Daniel L. Faulkner, City Engineer Assistant Building Official Robert C: Johnson, Senior Engineering Technician 3400 PLI.MGUTI I BOULEVARD. PLYMOUTI ;. MINNESO- A 55447. TELEPHONE (6 0 5594 803 City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: November 20, 1989 FILE NO.: 89086 PETITIONER: Mr. John Rieschl, President of Congregation, 3110 Medicine Lake Boulevard, Plymouth, MN 55441 SITE PLAN: MEDICINE LAKE LUTHERAN CHURCH AND ACADEMY LOCATION: South of Old County Road 9, west of Zachary Lane, in the northeast 1/4 of Section 14 ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No 1 and No. 2• Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None 5, Other additional assessments estimated: Watermain Lateral Assessment based on 280 feet 165 feet previously assessed - 115 feet x S18-63 a foot - S2,142.45. Sanitary sewer lateral based on 280 feet times S22.93 a foot = S6,420.40. The lateral assessments shall be paid with a building permit or the Medicine Lake Lutheran Church and Academy may sign a Waiver of Assessment Hearing and assessments will be sR read over five years at 8% interest. LEGAL /EASEMENTS /PERMITS: z. 6. _ X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as' the site plan approval. I N/A Yes No 7. _ _ X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) g. X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. 10. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The existing storm sewer easement along the north plat line. 11. _ X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other 13. _ X _ Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: 14. _ X _ Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. _ X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. _ X _ Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. IMM N/A Yes No 17. _ X _ Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. 18. _ X Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and 20. _ _ X All existing street right -of -ways are required width - Additional right -of -way will be required. An additional ten feet of right -of -way will be required along the east Frouerty line for Zachary Lane making the total distance from centerline 40 feet. 21. _ X _ Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ _ X Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. All drive aisles within the parking lot shall be seven ton design. STANDARDS: N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. Item No's 7 11 12 20. 23. and 27A. 5- SPECIAL CONDITIONS REOUIRED: 27. A. Special care shall be taken where the sanitary sewer passes above the existing watermain along Zachary Lane. B. A 30 foot wide trail easement shall be provided in recordable form along Zachary Lane. C. The driveway culvert shall be relocated to the centerline of the drainage ditch adjacent to Zachary Lane. D. No trees shall be placed in the street right -of -way of Zachary Lane. E. Silt fence shall be placed in the drainage ditch along Zachary Lane at the storm sewer outlet south of the parking lot. F. The existing ditch along Old County Road 9 shall be regraded from the plugged storm sewer to the new 24" storm sewer. G. Plug existing storm sewer crossing under Old County Road 9 with concrete. H. A permanent drainage and utility easement shall be provided along the south side of the parking lot for the drainage ditch. I. The storm sewer will have to be extended to the west plat line when the future parking lot is constructed, this will be a public storm sewer. J. The storm sewer from the drainage ditch to Zachary Lane shall be public. A plan and profile sheet shall be submitted for this storm sewer. K. Contact Tom Vetsch at 559 -2800, ext. 342 for a permit to construct the storm sewer in Old County Road 9. Submitted b Y Daniel L. Faulkner, P. E. City Engineer 6- t I' • r,,•, v •,. IKM SWnCK 9, S[ OIYMCM A 2. p Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Camdssion for purposes of evaluation against the standards of this section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and of surrounding property for uses permitted in the district. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. forms:o >pl /cup.stnd /s) 10/89 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or inccme potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. forms:o >pl /zon. stnd /s) 10/89 Co. L3. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 18, 1990 T0: Planning Comnii s on FROM: Charles E. Di rud Community Development Coordinator SUBJECT: LOT DIVISION /LO CONSOLIDATION AND VARIANCE FOR JOHN DEVRIES - 4925 VALLEY FORGE LANE (89101) At the December 13, 1989 Planning Commission meeting the petitioner requested that this item be deferred to a later Planning Commission Agenda. The petitioner has requested that the item be again considered by the Planning Commission at its meeting of January 24, 1990. The only member of the public attending the December 13, 1989 meeting in response to the courtesy notice that was submitted to adjoining property owners was Sandy Lester, the resident on the landlocked parcel. Staff has contacted Ms. Lester to inform her of the continued consideration by the Planning Commission on January 24, 1990. Attached please find a complete copy of the staff report materials that were originally submitted to the Planning Commission on December 13, 1989. pc /cd /89101.1:jw) 6o. A. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: December 5, 1989 COMMISSION MEETING DATE: December 13, 1989 FILE NO.: 89101 PETITIONER: John DeVries REQUEST: Lot Division /Lot Consolidation and variance from the Zoning Ordinance Pertaining to the Lot Width LOCATION: 4925 Valley Forge Lane North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: RPUD 86 -2 and R -IA (Low Density Single Family Residential) BACKGROUND: Under Resolution 86 -284A, the City Council approved the Planned Unit Development Preliminary Plan /Plat, Conditional Use Permit, and variances for Ivy Park Development, Inc. Subsequently, the City Council approved the RPUD Final Plat and Development Contract for "Wild Wings Addition" for DeVries Builders, Inc., under Resolution 86 -543. A condition of the Preliminary Plat resolution, and ultimately the Development Contract, was that the William Lester site, to the west of the plat, be provided access via a 20 -foot access easement. This easement was provided to allow the Lesters access to their property. Property owners within 100 feet have been notified of this application as a courtesy. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner proposes to divide /consolidate with respect to the two adjacent lots that will effectively substitute for the 20 -foot easement and allow the Lesters ownership of the 20 feet of property for access to Valley Forge Lane. The west lot (Lot 5, Block 3, Skyline Hills Unit 1) currently is of 21,738 square feet area with 185 feet of frontage on platted, but ot constructed, 49th Avenue North. Access to this lot is by a 20 -foot easement to Valley Forge Lane across the parcel to the east (Lot 7, Block 3, Wild Wings), which is currently 15,269 square feet in area. The petitioner's proposal is to divide off the north 20 feet of east lot Wild Wings) over which the easement now exists, and add the 20 -foot wide parcel to the west lot (Skyline Hills). In addition, the petitioner requests vacation of the half right -of -way of 49th Avenue North which would be added to the area of the west parcel. see next page) File 89101 Page Two After the proposed action, the west parcel would be 30,850 square feet•in area and the east parcel will be 12,969 square feet in area. The Wild Wings RPUD was approved with a 12,000 square -foot minimum lot size, and therefore, the east lot will comply with the PUD Plan after the proposed action. 2. The petitioner has petitioned the City to vacate that portion of 49th Avenue North lying adjacent to the north end of Lot 5, Block 3, Skyline Hills Unit 1. Due to grades of the land west of this site, 49th Avenue, east of Wellington Lane, could not be constructed as a public street. The vacation, if approved, will involve the entire length of unconstructed 49th Avenue North that exists as a half street right of way from Wellington Lane easterly to the east line of the Lester lot. 3. The variance is for lot width at setback. Currently, the west lot has Do lot width on an improved public street - -only on a "paper street ". After division, the west lot will have 20 feet of frontage (width) on Valley Forge Lane, and the Ordinance standard is 110 feet. 4. The Planning Commission may recommend a variance from the provisions of the Zoning Ordinance as to specific properties when, in its judgement, an unusual hardship on the land exists. We have attached a letter from the petitioner which addresses the six Zoning Ordinance standards that must be met for the Planning Commission to recommend approval of a variance. We have also attached a copy of those Zoning Ordinance standards. 5. The properties are located within the New Hope Outlet Drainage District. The site is not located within a Shoreland Management Area nor does it contain any wetlands. The site does not contain any major woodlands or severe slopes. The soils appear suitable for urban capability with public sewers. PLANNING STAFF COMMENTS: 1. The division of platted property, responsive to Section 500.37 of the City Code, meets all submission requirements, and, standing alone, the division would appear to be responsive to the City Code. 2. A hardship has been created from previous platting actions that have, in effect, land- locked the Lester parcel from frontage on a constructed street. The variance will legally confirm the physical fact that the Lester parcel now has but 20 feet of actual frontage on a true public street Valley Forge Lane). see next page) File 89101 Page Three RECOMMENDATION: ` We hereby recommend adoption of the conditions for approval of the lot division /lot conso ' ation and varian Submitted by: tA A2 Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Recommended Conditions for Approval of Lot Division /Lot Consolidation and Variances 2. Setting Conditions to be Met Prior to Recording 3. Engineer's Memorandum 4. Location Map 5. Variance Criteria 6. Petitioner's Correspondence 7. Division Graphics pc /cd /89101:dl) SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION /LOT CONSOLIDATION AND VARIANCE FOR JOHN DEVRIES (89101) WHEREAS, the City Council has approved a lot division /lot consolidation and variance for John DeVries for property located at 4925 Valley Forge Lane North; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to filing of and regarding said lot division /lot consolidation and variance for John DeVries for property located at 4925 Valley Forge Lane North: 1. Compliance with the City Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Submittal of all necessary utility easements prior to filing lot division /lot consolidation with Hennepin County. 4. Approved variances: Lot width 20 feet on Valley Forge Lane versus the R -1A Zoning Ordinance standard of 110 feet. 5. The vacation of 49th Avenue North must be approved and filed with the County prior to the lot division /lot consolidation being filed. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: December 6, 1989 FILE NO.: 89101 PETITIONER: Mr. John DeVries, DeVries Builders, Inc., 7559 Mariner Drive, Maple Grove, MN. 55369 LOT DIVISION /CONSOLIDATION:LOT 1, BLOCK 7, WILD WINGS ADDITION, LOT 5, BLOCK 3, SKY LINE HILLS UNIT NO. 1 LOCATION: West of Valley Forge Lane, north of 48th Avenue, in the southwest one quarter of Section 12. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. x Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division /Consolidation approval: 4. Area assessments: None 5. Other additional assessments estimated: R= 6. _ _ X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) N/A Yes No 7. X — 8. — — 9. -2L -- 10. - - X 11. - -X 12. — X- Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for -the following lots: All standard utility easements required for construction The following easements will be required for construction of utilities All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The owner of Lot 5, Block 3 Sky Line Hills Unit 1 has petitioned the City to vacate a portion of 49th Avenue. The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. All existing street rights -of -way are required width - Additional right -of -way will be required on 13. A. The existing driveway shall be reconstructed to be within the north 20 feet of Lot 1, Block 7 Wild Wings Addition along with restoration. If necessary a retaining wall shall be constructed along the north side of the driveway or a easement obtained for filling from the adjacent property owner. 2 U B. The existing catch basins at the north end of Valley Forge Lane shall be shown on the survey. C. The catch basin will have to be constructed to a drive over catch basin. Submitted by: "'` 1 rz ` kl" It2 Daniel L. Faulkner, P. E. City Engineer Q 1 0 I a v. H f Ito t H r,o i0 V` s50 AVE kN N) 2 02) 2 49TH AVE. Z) 7 Z i E 00) WINGS ADD! N. WILD H AVE 59) (57) 71 48T zz URIl let 71 12 22) W'2 Rr « O 5, 5 (20) P: 2 00 24 T (Is) 06 23 go 5 00 11 woo\ ( for 21 6 r_a 35 n VE"UE WOODLANDS A 2ND ADD. ow lot), (47) OUTLOT A Jw 4 C-1 5 9 10 4 RES 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished fran a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. fonrs:o >pl /zon.stnd /s) 10/89 hil l IS'lES BUILDERS, INC . 1/17/91 7564 MARINER DRIVE MAPLE GROVE, MN. 55369 r City of Plymouth ,JAN 2.7 Mr. Dillerud CITY, OF PLYMIOUTH Dear Mr. Di 11 erud; may ' i. tflMENT DEPT. We believe the lot split and consolidation should be done for the following reasons. Lot 5 Block 3 Skyline Hills Unit No. 1 is owned by Sandy Lester. It is a landlocked lot which makes it a unique situation. 49th Ave. was not completed and the old roadway is also landlocked. When Wild Wings Add. was platted in 1965, an easment was created to give Ms. Lester access to her property. This has caused concern between Ms. Lester and the Thompsons who own Lot 1 Block 7 Wild Wings Addition over maintenance of the easment. Both parties would be much more comfotable with the driveway access being owned and made part of Sandy Lesters lot. If this was done Ms. Lester would end up with 20' of frontage on Valley Forge Lane which would create need for a variance. Because of the topography and existing platts, it is not possible to allow for more than a 20' frontage. If this is granted, Ms. Lester could improve this access with an asphalt driveway knowing she would own this improvement. The gravel drive now over the easment would be an upgrade to the surrounding property owners and to the community. When 49th Ave. is vacated and made part of Ms. Lesters property, the lot would no longer be landlocked. This is obviously a very unique problem to this specific lot in Plymouth. This action would not change any of the affected property owners values either possitivly or negativly. This situation with 49th Ave. being abandoned has been an awkward situation for some time. This action is not detrimental to the public welfare of injurious or other land owners nor will it effect the public transportation system. Thank you eration, John DeVries DeVries Builders, Inc. DEVRIEES BUILDERS, Inn. 6240 QUINWOOD LANE MAPLE GROVE, MN 55369 Nov 7th 1989 To: The Neighborhood From: John DeVires DeVires Builders 6240 Quinwood Lane Maple Grove, Mn 55369 612) 559 -6663 Dear Neighbors= This letter is written to inform the Neighborhood of the proposed lot -split and vacation of part of 49th Avenue North. This proposal is on behalf of the Jim Thomson family who has purchased the lot and home at 4925 Valley Forge Lane and Sandy Lestor who lives on 49th Ave. N. For some time the Lestor!s have a6,gessed their home from Valley' Forge Lane. This has been used because, as you know, 49th Ave. N. has never been constructed. What is proposed to be done is to convey a 20 foot wide parcel of land from the north edge of the Thomas lot to the Lestor lot.:This would then give Sandy Lestor ownership to that strip of land where her driveway is now. Additionally, 49th Ave. N. is platted as a half wide street in this location 30 foot wide), and has never been constructed. Since 49th Ave. N. no longer fits into the surrounding plans for the future developement of the north, Sandy Lestor will be Petitioning the city of Plymouth to vacate the street that lays along their north property edge. The street that abuts the Lestor lot will then be conveyed to the Lestors. If you have any questions or free to cont me. Sinc 1 ,, e re comments reguarding this matter, please feel